What Will It Really Cost to Keep Fighting?
The parties were far apart. Both were certain they were right. Then we examined one key piece of evidence together. They realized they had understood the same fact differently. Positions softened. The risks became real. The case settled.
That is wha... Read More
Test the Number
One of my primary jobs as a mediator is to identify the number that will settle the case. The only way to find it is to test it.
In a recent high stakes mediation, the plaintiff made an unequivocal statement early in the day: he would not settle f... Read More
Mediation Restores What Silence Destroys
Most disputes are not driven by the issue. They are driven by silence.
I mediated a case on the eve of trial. Years of escalation. Letters. Complaints. Litigation. One constant. The parties never communicated in any meaningful way. Read More
Uncertainty of Litigation Led Alan Petlak into Mediation
Judicate West neutral Alan S. Petlak relies on preparation, patience and trust to resolve complex consumer finance, real estate and personal injury disputes, often stepping in to keep negotiations moving toward settlement. Read More
When Walking Out Isn't the End of the Mediation
Not too long ago, I mediated a case for the second time. The first session, nearly a year earlier, ended where many do: the parties were miles apart, entrenched, and unconvinced settlement was possible.
Fast forward to round two. Trial was a month... Read More
Brackets, Parallel Moves, and the Path to Yes
In a recent mediation, the parties began miles apart. The plaintiffs wanted over $3 million. The defendants offered $400,000. I opened with a tool I rarely use at the outset: brackets. We tested conditional ranges to see whether any overlap existed. ... Read More
The Optimism of Mediation
Martin E. P. Seligman, Ph.D. writes in his book Learned Optimism:
“The defining characteristic of optimists is that they tend to believe bad events are temporary, limited in scope (instead of pervading every aspect of a person’s life), and manageabl... Read More
